Giltner, Inc. v. Idaho Department of Commerce & Labor

I concur in the Court’s holding (1) that the Industrial Commission erred in finding Giltner’s adherence to federal rules and regulations was evidence of control over the reclassified drivers, (2) that such evidence cannot be used when analyzing the control prong of I.C. § 72-1316(4), and (3) that there was insufficient evidence otherwise demonstrating control. However, I dissent from the Court’s holding that the reclassified drivers were not engaged in an independently established trade, occupation, profession, or business. In my estimation, such holding is not supported by the factual record…